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59th Congress, ) SENATE. j Document 

Ut Session. j I No. 242. 

8 U58 ^r\iAJ^A.i^ 

PV 1 

PRESERVATION OF NIAGARA FALLS. 




MESSAGE 

FROM THE 



PRESIDENT OF THE UNITED STATES, 

TRANSMITTING 

THE REPORT OF THE AMERICAN MEMBERS OF THE INTERNA- 
TIONAL WATERWAYS COMMISSION, WITH LETTERS FROM THE 
SECRETARY OF STATE AND THE SECRETARY OF WAR INCLUD- 
ING MEMORANDA REGARDING THE PRESERVATION OF NIAG- 
ARA FALLS. 



March 27, 1906. ^Read ; referred to the Committee on Foreign Relations and ordered 

to be printed. 



To the Senate and House of Representatives: 

I submit to j^ou herewith the report of the American members of 
the International Waterwa3^s Commission regarding- the preservation 
of Niagara Falls. I also submit to you certain letters from the Sec- 
retary of State and the Secretary of War, including memoranda show- 
ing what has been attempted by the Department of State in the effort 
to secure^ the preservation of the falls by treaty. 

I earnestly recommend that Congress enact into law the suggestions 
of the American members of the International Waterwa3^s Commis- 
sion for the preservation of Niagara Falls, without waiting for the 
negotiation of a treaty. The law can be put in such form that it will 
lapse, say in three years, provided that during that time no interna- 
tional agreement has been reached. But in an}^ event I hope that this 
Nation will make it evident that it is doing all in its power to preserve 
the great scenic wonder, the existence of which, unharmed, should be 
a matter of pride to every dweller on this, continent. 

Theodore Roosevelt. 

The White House, March 27, 1906. 



Department of State, 

WasJungton, March %, 1906. 
Dear Mr. President: I return the letter of the Secretary of War 
with the report of the American members of the International Water- 
ways Commission, regarding the preservation of Niagara Falls. 



L 



2 PRESERVATION OF NIAGARA FALLS. 

I think the legislation recommended b}' the Commission would be 
very useful. 

Faithfull}' 3'ours, Elihu Root. 



War Department, 
^ymhi'ugt<>n, March. W, 1906. 

My Dear Mr. President: I herewith transmit, for submission by 
you to Congress, the report of the American members of the Inter- 
national Waterways Commission, made by them in accordance with the 
joint resolution approved March 15, 1900, and set out in their report. 
The reconmiendations of the Commission of legislation necessary and 
desirable to prevent the further depletion of water flowing over the 
Niagara Falls suggests the question whether such legislation is within 
the limitations of the legislative power of Congress, when applied to 
nonnavigable parts of a stream which is within the borders of a State 
and which is only partly navigable, if the use of the water to be inhib- 
ited does not affect navigation in the navigable part of the stream below. 
It would seem that the treaty power exercised by the President and 
Senate with respect to a stream which forms the boundary between 
this country and another, would be subject to less limitation in this 
regard than the legislative power of Congress, and therefore that it 
might be more advisable to effect the result sought by Congress through 
a tr^ty than through a statute. 

Very respectfully, W'm. H. Taft, 

Secretary of War. 

The President. 



REPORT OF THE AMERICAN MEMBERS OF THE INTERNATIONAL WATERWAYS 
COMMISSION REGARDING THE PRESERVATION OF NIAGARA FALLS. 



International Waterways Commission, 
Office of Chairman American Section, 

Was/migto7i, D. C, March 19, 1906. 
Sir: 1. The American members of the International Waterways 
Commission have the honor to submit for transmittal to Congress this 
report, in compliance with the following joint resolution approved 
March 15, 1906: 

Resolved by the ISenate and House of Representatives of the United States of America in 
Congress assembled, That the members representing the United States upon the Inter- 
national Commission created by section four of the river and harbor act of June thir- 
teenth, nineteen hundred and two, be requested to report to Congress at an early 
day what action is in their judgi^ieni necessary and desirable to prevent the further 
depletion of water flowing over Niagara Falls; and the said members are also requested 
and directed to exert, in conjunction with tlie members of said Commission repre- 
senting the Dominion of Canada, if practicalile, all possible efforts for the preserva- 
tion of the said Niagara Falls in their natural condition. 

2. The surplus waters of Lake Erie are discharged through th^ 
Niagara River into Lake Ontario, the mean level of Lake Erie being 
572.86 feet and that of Lake Ontario being 2-16.61 feet above the sea. 
Leaving Lake Erie at Buffalo, the river is navigable and flows with a 
moderate slope to a short distance below Welland River, or Chip- 
pewa Creek, about 19 miles, in which distance it has a fall of about 14 



PRESERVATION OF NIAGARA FALLS. 3 

feet. The slope here is suddenl}" increased and tlie river ceases to be 
navijg'able. In tlie next half mile it has a fall of about 50 feet, foi-m- 
ing the rapids above the falls. It is divided by Goat Island into two 
arms of unequal size, that on the Canadian side carrying about seven 
times the volume of water carried by that on the American side. At 
the foot of Goat Island the waters of both arms plunge over a vertical 
precipice, constituting Niagara Falls proper, that on the Canadian side 
being usually known as the Horseshoe Fall, and that on the American 
side as the American Fall. The height of the Horseshoe Fall is about 
161 feet, and that of the American Fall 165 feet. Immediately below 
the falls the river is again navigable for a short distance, and then 
assumes the character of rapids as far as Lewiston, 7 miles from Lake 
Ontario, where it again becomes navigable and remains so until it 
enters the lake. 

3. The volume of water flowing varies with the level of Lake Erie, 
which level is subject to variations of several feet, depending upon the 
rainfall, barometric pressure, and direction and force of the wind; 
At the mean level of the lake (elevation 572.86) the volume of dis- 
charge is 222,400 cubic feet per second. At a very low stage (elevation 
571) the volume is 180,800. (See Annual Report, Chief of Engineers, 
U. S. Army, for 1900, p. 5361.) For short periods in midwinter, or 
with prolonged adverse winds, it has sometimes been even less. 

4. It is the great volume of water in the falls themselves and in the 
rapids which makes the place unique. The tremendous display of 
power in wild turbulence fascinates the mind, and gives to the ques- 
tion of Niagara's preservation a national interest. 

5. The local authorities on both sides of the river have recognized 
their responsibilities in this matter, but have taken somewhat different 
views as to what these responsibilities are. As long ago as 1883 the 
State of New York provided for the acquisition of the lands in that 
State adjoining the falls, with a view to creating a public park, and in 
1885 it declared that these lands "shall forever be reserved by the 
State for the purpose of restoring the scenery of the Falls of Niagara 
to and preserving it in its natural condition; they shall forever be kept 
open and free of access to all mankind without fee, charge, or expense 
to an}^ person for entering upon or passing to or over any part 
thereof." A commission of five was created to carry out the purposes 
of the act. The State reservation now includes 412 acres, part of 
which is under water, and an annual appropriation of some $25,000 is 
made for its care and maintenance. The commission has no jurisdic- 
tion beyond the limits of the reservation, but it has never throughout 
its existence failed to protest and bring all its influence to bear against 
the depletion of the falls by the abstraction of water above and be}' ond 
the limits of the reservation. Nevertheless, the State legislature has 
granted numerous franchises for the diversion of water, as will appear 
further on. 

6. Soon after the c}*eation of the New York State reservation a pub- 
lic park was created on the Canadian side, called the Queen Victoria 
Niagara Falls Park, and was placed under the control of five commis- 
sioners. This park now extends practically the whole length of the 
Niagara River from Lake Erie to Lake Ontario, and embraces an area 
of about 734 acres. By an act of the Ontario legislature (62 Victoria, 
chap, 11), it was enacted that "The said commissioners, with the 
approval of the lieutenant-governor in council, may enter into an 



4 PRESERVATION OF NIAGARA FALLS. 

agreement or agreements with any person or persons, company or 
companies, to take water from the Niagara River or from the Niagara 
or Welland rivers at certain points within or without the said park 
for the purpose of enabling such person or persons, company or com- 
panies, to generate within or without the park electricity, or pneu- 
matic, hydi-aulic, or other power conducting or discharging said water 
through'and across the said park or otherwise in such manner, for such 
rentals, and upon such terms and conditions as may be embodied in the 
agreement or agreements and as may appear to the lieutenant-governor 
in council to be in the public interest." In 1903 this act was amended 
by adding thereto the words '' but no such agreement shall be oper- 
ative unless and until ratified and confirmed by the legislative assem- 
bly" (3 Edward VII, chap. 7). Inasmuch as the park receives no aid 
from the legislature in the way of annual appropriations for its sup- 
port, the commissioners have felt justified in using with some freedom 
the power thus granted in order to o})tain a revenue for the general 
improvement and maintenance of the park. Prior to the amendment 
of 1903 they entered into four important agreements for the diversion 
of water, and caused an investigation to be made as to the availability 
of additional sites for power works. Two of these agreements were 
with a single corporation, which has thus far utilized only one. 

7. The great water power available at Niagara Falls naturally 
attracted the attention of engineers at an early day, but it was not 
until it could be transmitted and used in the form of electricity that its 
development on a large scale 'became financially practicable. There 
are now five principal corporations engaged in furnishing or prepar- 
ing to furnish electricity for commercial purposes, obtained from the 
water power, two of them located on the American and three on the 
Canadian side. A brief description of each is here given. A map 
showing their location is submitted herewith. It is to be remarked 
that none of the diversions have been sanctioned by thd United States 
Government. 

8. /. Niagara Falls Hydraulic Po%oer and Manufacturing Com- 
pany. — This company was organized in 1877 under the general laws of 
the State of New York. It purchased a canal which had been con- 
structed before the civil war leading from Port Day, above the falls, 
through the city of Niagara Falls, to the edge of the clitt' below the 
falls, where a grist mill had been established. (See map). The length 
of this canal was about 4,1:00 feet, its width 36 feet, and its depth 8 feet. 
A width of 70 feet and depth of 10 feet had been projected. In 1881 the 
compan}' established its first station for supplying electricity for light- 
ing, this being the first public distribution for commercial purposes 
of electricity derived from Niagara Falls. The increasing demand for 
electricity and the improved methods of transmitting it led to a steady 
development of the works of this company and to the establishment 
of others. In 1895 an important enlargement of the canal having been 
begun, the right of the compan}^ to take water from the river was 
questioned by the commissioners of the State reservation at Niagara. 
An opinion was obtained from the attorney-general of the State of New 
York (copy appended marked "A") in which it was held that the 
Niagara River is a navigable river in law, that the company had no 
right to increase the capacitj'^ of its canal, that it had no right to divert 
any water from the river, and that a diversion of water sufficient to 
diminish the flow over the falls was a nuisance and could be restrained. 



PRESEEVATION OF NIAGARA FALLS. 5 

The New York legislature thereupon passed an act (chap. 968, Laws of 
1896), in which the right of the company "to take, draw, use, and lease 
and sell to others to use the waters of Niagara River for domestic, 
municipal, and sanitaiy purposes, and to develop power therefrom for 
its own use and to lease and sell to others to use for manufacturing, 
heating, lighting, and other business purposes, is hereby recognized, 
declared, and contirmed.'' No limit as to the time during which these 
rights were to exist was fixed, but the amount of water to be taken 
was limited to that which could be drawn b}' a canal 100 feet wide, with 
such depth and slope as would maintain at all times a depth of 14 feet. 
The amount of water thus described is not specific. It is computed to 
be about 9,600 cubic feet per second for the works now under construc- 
tion, but it would be possible to construct works under different plans 
which would use a much greater quantity of water. The company is 
now using about 4,000 cubic feet per second. It is extending its works, 
and expects to develop about 134,000 horsepower, in addition to which 
its tenant companies will develop about 8,000 horsepower. It has paid 
nothing to the State for its privileges. A list of the more important 
industries which this compan}^ supplies with electricity is given in 
Appendix B. Its managers estimate that the power plant and the 
industries dependent upon it for power represent an investment of 
110,000,000. 

9. //. JMagara FaUi< Power Compccny. — In 1886 the New York leg- 
islature granted a charter to a company called the "Niagara River 
Hvdraulic Tunnel Power and Sewer Compan}'' of Niagara Falls," sub- 
sequently amended in 1886, 1889, 1891, 1892, and 1893. (See chapter 
83, 1886; chapter 489, 1886; chapter 109, 1889; chapter 253, 1891; 
chapter 513, 1892; chapter 477, 1893.) In 1889 the name of the com- 
pany was changed to '"'The Niagara Falls Power Company." It is 
authorized to take water sufficient to generate 200,000 horsepower, 
computed to be about 17,200 cubic feet per second. Its franchise is 
for fifty years from March 31, 1886. The location of its works is 
shown upon the map. Beginning about a mile above the falls a short 
intake canal is constructed nearly at right angles with the river shore. 
Upon each side of the canal deep pits are excavated in the rock, at 
the bottom of which are placed the turbines, and over which are placed 
the power houses. The water, after passing through the turbines, is 
carried off' by a tunnel about 21 feet in diameter under the citj' of Niagara 
Falls to the lower river, a distance of about 7,000 feet. The com- 
pany has in operation two power houses having a combined capacity 
of about 105,000 horsepower. 

It is working the plant nearly to its full present capacity, using 
about 8,000 cubic feet per second, in addition to Avhich one of its ten- 
ant companies is using about 600 cubic feet. It paid nothing to the 
State for its privileges, but is bound to furnish free of charge elec- 
tricity for light and for power and also water for the use of the State 
in the State reservation at Niagara and the buildings thereon, when 
requested to do so by the commissioners of the State reservation. It 
distributes electric power over a wide area of territory and to a great 
variety of commercial interests in Niagara Falls, Tonawandti, Olcott, 
and Buffalo, in some cases over 35 miles distant. A list of the con- 
sumers dependent upon this company is given in Appendix C. The 
investment is stated by the managers to be over $6,000,000 in the 



6 PKESEEVATION OF NIAGAEA FALLS. 

power plant, and $7,000,000 or $8,000,000 in other industries estab- 
lished on its lands at Niagara Falls and dependent upon it. 

10. ///. Canad'ian Niagara Pov^er Covijxnnj.—T\-\\ii company Is an 
allied company of the Niag-ara Falls Power Company just described. 
It was incorporated by an act of the legislature of the Province of 
Ontario in 1892, which also confirmed an agreement dated April 7, 
1892, between the company and the commissioners for the Queen Vic- 
toria Niagara Falls Park. " In 1899 an act was passed conferring upon 
those commissioners authority to modify this agreement and to make 
other agreements for the construction of power works, as specified 
above. The agreement was modified July 15, 1899, and June 19, 1901. 

11. The company is authorized to construct certain works, which 
works will have a capacity of 110,000 horsepower, and by inference to 
take the quantity of water required for that purpose, although the 
agreement does not in terms limit the capacity of the works or the 
quantity of water. The amount required to supply the works which 
have been approved and are under construction is computed to be about 
9,600 cubic feet per second. The location of the works is shown upon 
the map. They are of the same general type as those of its allied com- 
pany on the American side. Water is taken from the river about a 
quarter of a mile above the falls through a short canal and fore bay 
and discharged through penstocks into turbines near the bottom of a 
deep wheel pit excavated in the solid rock, over which is placed the 
power house. After passing through the turbines, the water is carried 
off by a tunnel about 2,000 feet long, and discharged into the river 
below the falls. The works are not completed, and less than half of 
the generators have been installed, the quantity of water used thus far 
being about 2,600 cubic feet per second. They are operated in con- 
nection with those of the allied company on the American side. They 
represent an investment of several million dollars. 

12. The company agrees to pay for its privileges an annual rental 
of $15,000, for which it may generate 10,000 electrical horsepower or 
less; for all above 10,000 and under 20,000 horsepower it pays in 
addition to the above $1 per annum for each horsepower; for all above 
20,000 and under 30,000 it pays a further sum of 75 cents per annum 
for each horsepower; and for all above 30,000 it pays a still further 
sum of 50 cents per annum for each horsepower; that is to say, the 
annual rental for generating 30,000 horsepower will be $32,500, and 
for generating lli^OOO horsepower will be $72,500. 

13. The period for which the privileges are granted is fifty 3'ears 
from May 1, 1899, but the companv is entitled, at its option, to three 
renewals of twenty 3'ears each, the rentals to be adjusted at the time 
of each renewal, if the lieutenant-governor in council so desires, and 
at the end of the third renewal the lieutenant-governor in council 
may require a still further renewal of twenty years; the entire period 
thus covered b}' the agreement being one hundred and thirty years. 

14. IV. Ontario Power Company. — This company was incorporated 
by an act of the Dominion Parliament in 1887, and was empowered to 
take water from the Welland River, or Chippewa Creek, near its 
mouth atXJhippewa — that is, indirectly from the Niagara River. On 
the 11th of April, 1900, it entered into an agreement with the park 
commissioners to construct works for that purpose, but before pro- 
gressing far in the work of construction it changed its plans, and on 
the 28th of June, 1902, it made another agreement with the commis- 



PRESERVATION OF NIAGARA FALLS. 7 

sioners, under which it is now workino-. It claims that the first ag-ree- 
ment is still valid and ma}^ be utilized hereafter if the compan^^so desires. 
Under the agreement of June 28, 1902, the company is authorized to 
construct works according to certain phxns submitted, which works 
will have a capacity of 180,000 horsepower, and by inference to take 
the quantity of water required for that purpose, although the agree- 
ment does not in terms limit the capacity of the works or the quantity 
of water. The amount required to suppl}^ the works, which have been 
approved and are under construction, is computed to be about 12,000 
cubic feet per second. The location of the works is shown upon the 
map. Water is taken from the river at Dutferin Island, about half a 
mile above the intake of the Canadian Niagara Power Company, or 
three-(iuarters of a mile above the falls, and after passing through an 
elaborate system of screens enters a gatehouse, and thence is trans- 
mitted through three underground conduits, each 18 feet in diameter, 
to a power house located near the foot of the clitl' below the falls. The 
length of the pipe line to the nearest penstock is 6,180 feet, and to the 
most distant penstock about 1,000 feet more. The works, which rep- 
resent an investment of several million dollars, are not completed, 
only about 2,000 cubic feet per second now being used. 

15. The company agrees to pay for its privilege an annual rental 
of $30,000, for which it may generate 20,000 electrical horsepower or 
less. For all above 20,000 and under 30,000 horsepower it pays, in 
addition to the above,- §1 per annum for each horsepower; for all 
above 30,000 and under -10,000 it pays a further sum of 75 cents per 
annum for each horsepower, and for all above 40,000 it pays a still 
further sum of 50 cents per annum for each horsepower; that is to 
sa}^, the annual rental for generating 40,000 horsepower will be 
$47,500, and for generating 180,000 horsepower will be $117,500. 

16. The period for which the privilege is granted is fifty years from 
April 1, 1900, but the company is entitled, at its option, to three 
renewals of twenty years each, and after the third renewal the lieutenant- 
governor in council may require a fourth renewal of twent}^ years, the 
rentals to be adjusted at each renewal, the entire period thus covered 
by the agreement being one hundred and thirty 3'ears. 

17. V. Electrical Develojyinent Comjjany . — On the 29th of January, 
1903, the commissioners for the Queen Victoria Niagara Falls Park 
entered into an agreement with three citizens of Canada, subsequently 
transferred to "The Electrical Development Compau}' of Ontario 
(Limited)'' incorporated by act of the legislature of Ontario. (5 Edward 
VII, chap. 12.) Under this agreement authority was given to take 
from the Niagara River water sufficient to develop 125,000 electrical 
horsepower. The amount is computed to be 11,200 cubic feet per 
second. The location of the works is shown upon the map. Water 
is taken from the river about midway between the intakes of the 
Canadian Niagara Power Company and of the Ontario Power Com-, 
pany, or about half a mile above the falls. A gathering dam, about 
750 feet long, extends out into the river obliqueh^ upstream, designed 
to divert the required amount of water into the power house, which 
is located upon the original shore line. Under the power house is a 
wheel pit, excavated in the solid rock to a depth of 158 feet, at the 
bottom of which are placed the turbines. After passing througli the 
tur})ines the water is conveyed by a tunnel to the base of the falls 
and discharged about midway between the Canadian and American 



8 PRESERVATION OF NIAGARA FALLS. 

shores. The works are not completed, and no water is now being 
used. They represent an investment of several million dollars. 

18. The company agrees to pay for its privileges an annual rental of 
$15,000, for which sum it may generate 10,000 electrical horsepower 
or less; for all above 10,000 and less than 20,000 horsepower it pays, 
in addition to the above, $1 per annum for each horsepower; for all 
above 20,000 and less than 30,000 it pays a farther sum of 75 cents 
per annum for each horsepower; and for all above 80,000 it pays a still 
further sum of 50 cents per annum for each horsepower; that is, to say, 
the annual rental for generating 30,000 horsepower will be $32,500, 
and for generating 125,000 horsepower w^ill be $80,000. 

19. The period for which the privilege is granted is fifty years from 
February 1, 1903, but the same provisions are made for renewals as in 
the cases of the other, companies, and the entire period covered by the 
agreement is thus one hundred and thirtj^ years. 

20. In the case of each of the Canadian companies the authorities 
reserv^e the right to require that one-half the power generated shall be 
supplied to places in Canada. 

21. Water is diverted also by the Park Electric Railway, under 
authority of the commissioners, the quantity to be used under plans 
now in execution being estimated at 1,600 cubic feet per second, devel- 
oping about 8,000 horsepower, while the actual present use is about 
600 cubic feet yjer second. 

22. In addition to the foregoing, six charters were granted by the 
New York legislature between the years 1886 and 1894 to corporations 
organized to take water from the Niagara River, but it is believed that 
all, with the possible exception of two, have expired by limitation. 
In one case, the Niagara, Lock port and Ontario Power Company, an 
act to renew passed the legislature in 1904, but was vetoed by Gov- 
ernor Odell in his message of May 14 of that year. The company, 
however, claims the rights granted under its original charter, and is 
constructing works for the distribution of electrical energy developed 
by other companies, but is not itself diverting water. Another cor- 
poration, the Niagara County Irrigation and Water Supply Company, 
has done some work, and claims that its charter has thus been pre- 
served, but it has diverted no water. A list of these charters is given 
in Appendix D. 

23. The Dominion of Canada has granted charters to two corpora- 
tions in addition to those already mentioned organized to take water 
from the Niagara River for powder purposes. It has chartered two 
other corporations, oi-ganized to take for power purposes water from 
Lake Erie which would naturally ))e tril)utary to the Niagara River. 
These companies have not finally developed their plans, and it is believed 
that theii- franchises are therefore not perfected, although all but one 
are still in force. In one case the charter has expired by limitation. 
The charters fix no limit to the amount of water which may be used. 
A cliarter was granted in 1889 by the province of Ontario to' the Ham- 
ilton Cataract, Power, Light, and Traction Companv. This company 
is using water from the Lake Erie level of the Wefland Canal, which 
water would otherwise be tributary to the Niagara River. The voliune 
now being used is estimated at about 1,800 cubic feet per second, and 
is to be increased. A list of these charters will be found in Appen- 
dix E. ^^ 



PEESERVATION OF NIAGARA FALLS. 9 

24. The Chicago Drainage Canal, constructed under the authority of 
the State of Illinois, was designed to divert about 10,000 cubic feet per 
second of water which would naturally flow over Niagara Falls. It 
has not been fully completed, but it now has a capacity of about 5,000 
cubic feet per second. The amount which it is actually diverting has 
thus far been limited by the Secretary of War to about 4,200 cubic feet 
per second. In addition to the foregoing, about 333 cubic feet per 
second of Lake Erie water is now taken for power purposes from the 
Erie Canal at Lockport. 

25. Full and precise information concerning the plans and the legal 
rights of the companies which have not begun or completed their 
works has not been obtainable. In the cases of the corporations now 
furnishing or preparing to furnish electricit}^ for commercial purposes, 
the franchises are vague as to the volume of water to be used, which 
is the feature of greatest interest here. We have computed the vol- 
umes from the available data, and have endeavored to make the figures 
conservative. It must be understood that these figures are fair 
approximations. In proceeding to an examination of the effect upon 
Niagara Falls of the works proposed, the subject is much simplified 
by considering only those companies which derive their water from 
the Niagara River itself, and that is the course here pursued. Any 
effects caused b}" these works will be exaggerated by the other works 
mentioned. 

26. The total quantity of water to be taken from the river by works 
now authorized is: 

Cubic feet. 

Niagara Falls Hydraulic Power and Manufacturing Company 9, 500 

Niagara Falls Power Company 17, 200 

Canadian Niagara Power Company 9, 50© 

Ontario Power Company, not including Welland River Development 12, 000 

Electrical Development Company 11 , 200 

Niagara Falls Park Railway c^ompany . .^ 1, 500 

Total - 60,900 

Of this amount 26,700 cubic feet is to be taken on the American 
side and the remainder, 34,200 cuV)ic feet, on the Canadian side. That 
is, 27 per cent of the average discharge and 33 per cent of the low- 
water discharge of the Niagara River will cease to pass over the falls 
when these works are completed and in full operation. The quantity 
to be diverted is more than double the quantity w^hich now passes over 
the American Fall, which at the average stage is about 27,800 cubic 
feet. That this will in general have an injurious effect upon the falls 
seems self-evident. The volume of water to be diverted is about the 
equivalent of the entire discharge of Lake Superior over the Sault Ste. 
Marie. The amount thus far actually diverted is liut 17,800 cubic 
feet per second, and has had an appreciable effect upon the falls. To 
foretell with accuracy the effects in detail of the full diversion author- 
ized would require a more complete knowledge of the bed of the river 
than is now obtainable. The water taken on the Canadian side below 
the crest of the rapids will affect the Horseshoe Fall alone. If all 
that taken on the American side should affect the American Fall alone, 
it would practically^ leave it dry; but it seems probable that only a 
part of this diversion will be at the expense of the American Fall. 

Exactly what portion that will be can not be stated with precision, 
but from a study of the channels and reefs, so far as thev are known, 



10 PRESERVATION OF NIAGARA FALLS. 

a reasonable estimate is that the water would come from the two arms 
in about the proportion of one-sixth from the American Fall and five- 
sixths from the Horseshoe Fall. Exactly what form the changes in 
the two cataracts will take, whether thev will be made narrower, or 
be broken up into a greater number of streams, or simply be reduced 
in volume, retaining in general their present form, can not now be 
foretold, for the reason that there is no accurate knowledge of the 
form of and depth of water on the crests. If 60,900 cubic feet per 
second be diverted, the loss will be important, but if the diversion be 
limited to this amount, or reduced, as hereafter indicated, it may not 
prove disastrous. This can not be definitely determined until the 
works now under construction have been completed and put in opera- 
tion. When that happens, if it be found that the falls have not suf- 
fered serious damage, as a scenic spectacle, it does not follow that 
additional water may be diverted with impunity. Additional diversion 
would be an experiment even more dangerous than that now being 
tried, and in our opinion should not be permitted. 

27. In return for the impairment of the falls thus far authorized the 
State of New York will receive practically nothing for the 342,000 
horsepower authorized on that side, and the Queen Victoria Niagara 
Falls Park will receive an annual rental of $270,000, or an average of 
65 cents per horsepower for the 415,000 horsepower authorized on the 
Canadian side. These hgures do not include the 8,000 horsepower 
being developed by the electrical railway nor the power developed by 
the Hamilton Company with water from the Welland Canal. 

28. If all the water and all the head from the top of the upper rapids 
to the foot of the falls could be utilized, there would result over 4,000,000 
jpechanical horsepower. Probably space could be found, if desired, for 
works which would utilize about half of this, or, say, 2,000,000 horse- 
power, or possibly more. As they could not utilize all the head, they 
would use much more than half the water. It will require time to cre- 
ate a market for all this ]30wer, but it is reasonably certain that it will 
in due season be found if the development of the power itself is to go 
on unchecked. The difference in cost in favor of falling water over 
any other method of developing power is so great that all other meth- 
ods are sure to be abandoned where sufficient water power is available. 
The diflerence at Niagara Falls is probably not less than $15 or $20 per 
annum per horsepower. The cost of transmission to distant points 
increases with the distance, and finally becomes so great as to be 
unprofitable; but electrical engineers are engaged in improving the 
methods and reducing the cost. An average difference of cost for each 
horsepower can not now be given with any close degree of approxima- 
tion, but the difi'erence, whatever it is, is a perpetual annual saving, 
which, if capitalized, will show that the commercial value of the power 
at Niagara Falls is very great and is to be measured })y the hundred 
millions of dollars. 

29. Whether this commercial asset shall be utilized to such an extent 
as to seriously impair the majestj^ and scenic beauty of the falls depends 
upon the public will. In our opinion the commercial advantages of 
a large increase in development of power will not compensate for the 
great loss to the world of the inspiration, aesthetic education, and oppor- 
tunity for recreation and elevating pleasure which the mighty cataract 
affords. The direct advantages to the public from revenue is nothing 



PRESERVATION OF NIAGARA FALLS. 1 1 

on the New York side of the river, and com para tivel}^ slight on the 
Canadian side. There is of course an indirect advantage due to added 
taxable wealth and reduction in the cost of power, but these advan- 
tages are, in our opinion, slight in comparison with those which spring 
from the preservation of the beauty and majest}^ of the falls in their 
natural condition. Over SOO.OOU people visit the falls annuall\'. deriv- 
ing pleasure and inspiration from them. The nations of the world 
have always recognized the great value of parks and reservations, and 
throughout the civilized world they have preserved places of natural 
grandeur and beauty and furnished parks, artificially beautified, for 
rest, education, and the elevation of their people. An illustration may 
be given in the case of the city of New York, one of many hundreds. 
There the municipality has acquired, in Central Park, property which 
is estimated to be worth $225,000,000, and has spent millions upon its 
improvement and ornamentation. The United States Government has 
reserved lands of striking picturesqueness, grandeur, and interest, 
regardless of their value. These illustrations would seem to prove con- 
clusively that the people are not inclined to offset mere commercial 
values against the intangible but none the less great advantages found 
in the preservation of the great works of nature. 

30. It is probably not expedient to attempt the recovery of the rights 
granted to companies which have taken full advantage of them. In 
the case of the Niagara Falls Power Company, on the American side, 
the franchise authorizes it to develop 200,000 horsepower. It has con- 
structed works having about half that capacity, but has not begun the 
construction of the additional works, and we believe has no present 
intention of doing so. In the case of the Ontario Power Company, on 
the Canadian side, the construction of works under the agreement of 
April 11, 1900, has been indefinitely postponed. The authority for 
the additional works in both these cases could probably be withdrawn 
without inflicting an unreasonable hardship. All franchises of which 
advantage has not been taken should be extinguished. 

31. The following is a sununary of the foregoing statement of facts: 
(a) The glory of Niagara Falls lies in the volume of its water rather 

than in its height, or in the surrounding scenery. 

(h) Works are now authorized and partially completed at the_^falls 
which will divert from the Niagara River above the falls about 27 per 
cent of the average discharge, and about 3-^> per cent of the low-water 
discharge, which is more than double the quantity now flowing over 
the American Fall. In addition to this, water naturally tributary to 
the Niagara River is being diverted through the Chicago di-ainage 
canal, and for power in addition to navigation purposes through the 
Erie and the Welland canals. 

(c) The effect of this witlidravval of water is to injure Ijoth the 
American and the Horseshoe falls in nearly equal proportions. While 
the injury will be i)erceptible, it may not be destructive or disastrous. 

(rl) Improvements in the transmission of electric powerand increased 
demand will make a market for all the power which can be developed 
at Niagara Falls, and will cause a destruction of the falls as a scenic 
spectacle if the development be allowed to go on unchecked. 

(r) Charters have been granted to corporations which propose to 
divert additional amounts in quantities not now limited. 

(/) The sums of money invested, or being invested, in the works now 
in operation or under construction, and in the industries dependent upon 



12 PRESEEVATION OF NIAGARA FALLS. 

them, amount to many millions of dollars. It is probably not expedient 
to attempt the withdrawal of the rights thus utilized. 

(g) The commercial value of the water power at Niagara Falls is 
very great, but if compared with values set aside by wealthy communi- 
ties elsewhere for park purposes this value is not too great to be 
devoted to similar purposes. The place is visited annually by about 
800,000 peopile. 

32. If the falls are to be preserved' it must be by mutual agreement 
between the two countries. As a step in that direction we recommend 
that legislation be enacted wjiich shall contain the following provi- 
sions, viz: 

(a) The Secretary of War to be authorized to grant permits for the 
diversion of 28,500 cubic feet per second, and no more, from the 
waters naturally tributary to Niagara Falls, distributed as foUow^s: 

CuVjic feet, 

Niagara Falls Hydraulic Power and Manufacturing Company 9, 500' 

Niagara Falls Power Company 8, 600 

Erie Canal or its tenants ( in addition to lock service ) 400^ 

Chicago drainage canal 10, 000 

{I}) All other diversion of water which is naturally tributary to 
Niagara Falls to be prohibited, except such as may be required for 
domestic use or for the service of locks in navigation canals. 

(c) Suitable penalties for violation of the law to be prescribed. 

(d) The foregoing prohibition to remain in force two years, and 
then to become the permanent law of the land, if, in the meantime, the 
Canadian government shall have enacted legislation prohibiting the 
diversion of water which is naturally tributary to Niagara Falls, in 
excess of 36,000 cubic feet per second, not including the amounts 
required for domestic use or for the service of locks in navigation canals.. 
It is assumed, however, that an understanding upon this subject would 
be reached by treaty. 

33. The object of such legislation would be to put a stop to the fur- 
ther depletion of the falls, and at the same time inflict the least possi- 
ble injury upon the important interests now dependent upon this water 
power. The amount to be diverted on the Canadian side has been fixed 
with a view to allowing to the companies on that side the amounts for 
which the}^ now have works under construction, which are: 

Cubic feet. 

Canadian Niagara Power Company 9, 500 

Ontario Power Company 12, 000 

Electrical Development Company 11, 200 

Niagara Falls Park Railway Company 1 , 500 

Welland Canal or its tenants (in addition to lock service) 1, 800 

34. One of the effects of such legislation would be to give to Canada 
the advantage of diverting 7,500 cubic feet per second more than is 
diverted in the United States. The advantage is more apparent than 
real, since the power generated on the Canadian side will to a large 
extent be transmitted to and used in the United States. In the nego- 
tiation of a treaty, however, the point should be considered. 

35. The substance of this report was submitted to our Canadian col- 
leagues before the passage of the joint resolution, with a view to uniting 
in a joint report under the general law providing for the Commission. 
There was a substantial agreement in the statement of facts, and such 
differences as developed with respect to the recommendations which 
ought to be made did not seem insuperable, but our colleagues desired 



PEESERVATION OF NIAGARA FALLS. 13 

time for further consideration. We have no doubt of their sympa- 
thetic interest in carrying out that part of the instructions contained 
in the resolution which requires us "to exert in conjunction with the 
members of said Commission representing- the Dominion of Canada, if 
practicable, all possible efforts for the preservation of Niagara Falls in 
their natural condition." 

Very respectfully, O. H. Ernst, 

Colonel^ Coi'ps of Engineera^ Chairmcm. 
George Clinton, 

Memher. 
G^:o. Y. Wisner, 
Metnber^ American Section. 
The Secretary of War, 

Washington, D. C. 



Appendix A. 

State of New York, 
Attorney-General's Office, 

Albany, Norember 16, 1895. 

Dear Sir: Sometime ago the question of the right of the Niagara Falls Hydraulic 
Power and Manufacturing Company to enlarge the capacity of their canal, by which 
a portion of the water of the Niagara River is diverted for manufacturing purposes, 
was submitted to me for examination by you. The question is one involving great 
interests, not only to the corporation referred to, but to the State itself, and I have 
therefore considered it with a great deal of care before venturing to express an 
■opinion. 

The facts in the case may be briefly stated. The canal in question was originally 
•constructed in the year 1859. Its dimensions w^ere 70 feet wide by 14 feet deep. 
The inlet is at Port Day, abput 1 mile above the falls, and it runs through a strip of 
land 100 feet wide to the mills on the bank of the river below the falls, where the 
waters, after supplying power to various industries, are discharged into the river. 

About the year 1878 the title to the land in the 100-foot strip, as I am informed by 
Mr. Schoelkopf, of Niagara Falls, w^as acquired by the present owners, since which 
time the canal has been in active operation, and has supplied power to mills of a 
sufficient capacity to employ a large number of hands, residents of the city of Niagara 
Falls, and whose continued prosperity, to a very large degree, is dependent upon the 
operation of the mills in which they are employed. Sometime after the acquisi- 
tion of title to the strip of land by the present owners they made application to the 
land commissioners of the State of New York for a grant of land under water adjoin- 
ing the inlet to the canal. 

In the papers submitted on that application it was stated to be the intention of the 
owners to increase the capacity of the canal, and thereby increase its production of 
horsepower. The grant was made by the commissioners with the condition that no 
structures were to be built upon the granted land without the consent of the Niagara 
Reservation Commission. Thereafter application was made to the reservation com- 
mission for leave to erect cribs on the land under water, the purpose of which was to 
prevent the flow of ice and other refuse into the canal, to the detriment of the inter- 
•ests of the Niagara Falls Hydraulic Power and Manufacturing Company. 

The capacity of the canal at that time, if I am correctly informed, was 200,000 
cubic feet per minute. No objection was made (at least publicly) to this diversion of 
the w^aters of the river at that time. Since then, however, various grants of privileges 
by the legislature of the State have been given to several corporations to divert the 
waters of the Niagara River for ])ower purposes. In consequence of these grants 
apprehension has been created as to the probable effect upon the flow of water over 
the falls, and your commission, actuated by commendable zeal to protect the great 
natural beauty of the reservation, have determined that further encroachments upon 
the stream shall be prevented, if possible. 

The law under which your board was created (chap. 336, Laws of 1883) states that 
the object of the creation of the commission was to preserve the scenery of the Falls 
of Niagara. It provides for the condemnation of the lands to be selected by the 
commission, and for the compensation to be paid to the owners of the property con- 



14 PRESERVATION OF NIAGARA FALLS. 

demned. In carrying out the provisions of the law several million dollars have been 
expended b}^ the State of New York, which will be converted into a mere waste of 
public moneys if the flow of water over these falls is to be seriously diminished. 

While this is, of course, a very serious consideration, I have not permitted myself 
to lose sight of the importance to the industries dependent upon the maintenance of 
the canal for their power, which action on the part of the State authorities will have. 

It is a very grave duty to be compelled to pass upon public questions wherein such 
great private interests are concerned. Nevertheless, it is one which I see no way to 
escape, and, while from certain considerations I would be pleased to arrive at a dif- 
ferent conclusion, I am compelled to hold, from my examination of the law on the 
subject, that the Niagara Falls Hydraulic Power and Manufacturing Company may 
be restrained from increasing the capacity of the canal. It is only fair, however, 
that my reasons for this conclusion should be stated. They are as follows: 

The Niagara River is a public navigable stream, to the bed of which, and the water 
flowing over it, the State and not the riparian owner has title. 

It would be a waste of time to attempt to show why this proposition is correct. It 
is sufficient to say that it has been amply supi^orted by judicial decisions and is now 
the established law. 

111. C. R. R. Co. V. 111. (146 U. S., 387). 

Smith V. Rochester (92 N. Y., 479). 

Matter of St. Reservation (16 Abb. N. C, 395). 

The sole question, therefore, for determination is, ' ' Can an owner of the soil adjoin- 
ing a navigable stream divert the water for private manufacturing purposes without 
the consent of the State?" Let us examine it. 

By the term "navigable," it must be remembered, is not meant "capable of being 
navigated." As used in this discussion, "navigable stream" means one which is 
navigable in the legal sense. Rivers may be navigable in fact but not in law, or they 
may be navigable in law but only in part navigable in fact. A mere local interrup- 
tion of actual navigability, therefore, will not change the character of a stream in its 
legal aspect. 

The river being navigable, in the legal sense, the title to the bed of the stream and 
to the water flowing over it is in the State, at least to the boundary line between the 
State and Canada. 

People V. Appraisers (33 N. Y., 464). 

Crill V. Rome (47 How. Pr., 398). 

Morgan r. King (35 N. Y., 454). 

People V. Tib))etts (19 N. Y., 523). 

Ex parte Jennings (6 Cow., 518). 

Therefore, leaving out of view for the present the grant of land under water to the 
Hydraulic Power and Manufacturing Company, the State could unquestionably 
deprive the corporation of all use of the waters of the river for power purposes by 
devoting the stream to other public use. 

Smith?,'. Rochester (92 N. Y. ). 

Whether or not that has been done by the laws establishing the Niagara reserva- 
tion I will discuss hereafter. I prefer at this point to consider the abstract question 
of the right of an owner of land adjoining a navigable stream to divert a considera- 
ble portion of the waters for manufacturing purposes without a grant or prescriptive 
right. 

Nuisances may always be abated by action in the name of the aggrieved party. 
Public nuisances include any encroachment upon highways or navigable streams, and 
it is not an essential characteristic of the encroachment upon the stream that it should 
be an actual hindrance to navigation. 

Wood on Nuisances, 2d ed., sees. 478-480, and cases cited. 

The diversion of water from a public stream for any other than domestic purposes 
is a nuisance, and therefore may be abated at the suit of the Attorney-General. 

Philadelphia -0. Gelmartin (7i Penn. St., 140). 

The Niagara Falls Hydraulic Power and Manufacturing Company is organized 
under the act of 1875, chapter 611. Its objects are declared to be the development 
of the hydraulic canal in Niagara Falls, and the establishment and conducting of 
various manufacturing interests. Under its charter it is not only supplying its own 
mills but is furnishing other industries with power for a consideration. So far as the 
latter fact is concerned, certainly no (piestion can be raised as to the rights of a 
riparian owner to the use of water for his own benefit. I assume the fact that the 
capacity of the canal at the outset was sufficient for all the purposes of the power 
company, and that the increased capacity is desired for the purpose of enabling the 
corporation to derive a revenue from its sale of power to others. I have no hesita- 



PRESERVATION OF NIAGARA FALLS. 15 

tion in declaring this to be unlawful. A nonriparian owner is not entitled to any 
benelits of a stream other than those enjoj'ed in common by the public, and a riparian 
owner at the most is entitled oidy to personal benefits derivable from use devoted 
to personal purposes solely. They do not include the transmission of power to prop- 
erty located upon premises that may be far removed from the lands of the riparian 
owner. 

The case last cited was an action brought by the owner of a boat which had been 
prevented from navigating the iSchuylkill, by reason of the diversion of the waters 
of that stream by the city of Philadelphia for domestic or other inirposes. The court 
in its opinion says: 

"In deciding upon the question of illegality in drawing off the water from the 
navigation, we are carried beyond its use for power, to inquire into the character of 
the consumption claimed as an overruling necessity. We have already seen that the 
city is a large vendor of water from which she is deriving revenue, for all the pur- 
poses of the arts, manufacturing, busini'ss, and pleasure. These uses are not domes- 
tic, that is, such as are for the pieservation of the life and health of the population 
and their creatures, but are simply utilitarian or business uses, and far exceed those 
needed for domestic purpo.^es. And even as to those termed domestic, a distinction 
must be noted between the use proper and that which is lavishly expended in pave- 
ment washing, baths, etc. It is perfectly obvious, therefore, that the city drew off 
water not only for driving and lifting power, but for a consum])tion far beyond any 
imperious necessity, and for purposes wholly subordinate to the right of navigation. 
She chose to i)refer the i^ecuuiary interests of her citizens, and doing an injury 
thereby she must make compensation to the injured paities. 1 mean not by these 
remarks lo draw any comparison between the importance of the use of the w^ater 
for the great i)urposes of industry, wealth, and cleanliness of a city so populous as 
Philadelphia, and the use of it for navigation during a few days of drought. The 
question for us is that of legal right, not comparative weight. Such important inter- 
ests as those of the city are not likely to lead to the substitution of might for right; 
yet, they are not of that imperious necessitj' which justifies might, and changes 
wrong into right. Achninistrators of the law^ we can not bend or break the law 
before a large interest, more than we can before one that is small. The doctrine of 
imperious necessity is not in this case." 

It is historical that the Niagara River at Port Pay has been navigated by vessels 
of large burden, and, indeed, to a point some distance below. The erection of cribs 
to divert ice and other refuse from the canal inlet is, therefore, an actual obstruction 
to navigation, and it is not necessary to show present use of the river at this point 
for navigation purposes. Once a highway, always a highway, is true of navigable 
streams. (See Yolo v. Sacramento, 38 Cal., 193; Wood on Nuisances, 478, 485.) 

Ex parte Jenkins (6 Cowen, 518) is also of interest on this point. That was a pro- 
ceeding brought in mandamus to compel commissioners appointed to appraise dam- 
ages occasioned by the diversion of the stream of the Chittenango for the purposes of 
the Erie Canal, which diversion prevented the use of the water of the stream by 
riparian owners for power purposes in operating mills. The court, in awarding 
mandamus, says: 

"The objection is contained in the affidavits of Mr. Seymour that, in point of 
fact, the State has not parted with the land upon which the Chittenango passes, at 
the places claimed, but had bounded purchases of land on the margin of the stream, 
so that, as he believes (and he believes the other appraisers were satisfied of the fact 
being so), the State was still the owner of the land covered bj' the waters of the 
stream, and had not parted with it or contracted to part with it, to any person w"hat- 
ever, or authorized the use of the water for hydraulic purposes at the places in ques- 
tion. If the construction set up by the commissioners be the true one, if the State owns 
the land covered by the water, it is clear that, though the relators may be entitled 
to the use of the water flowing b\^ and touching upon them for all ordinary purposes, 
yet they can not build mills upon and raise the water of the stream. They are 
trespassers, and the State may claim not only the waters, but the mills themselves, 
so far as they encroach upon the stream." 

I will not consider the effect of the grant by the land commissioners of lands under 
water to the corporation operating the canal. 

The powers of the fand commissioners at the time the grant was made were con- 
ferred by section 67, page 633, volume 1, eighth edition. Revised Statutes. It reads: 

"The commissioners of the land office shall have power to grant, in perpetuity or 
otherwise, so much of the lands under the waters of navigable rivers or lakes as they 
shall deem necessary to promote the commerce of this State, or proper for the pur- 
pose of beneficial enjoyment of the same by the adjacent owner." 



16 



PEESERVATION OF NIAGARA FALLS. 



The court of appeals, in passing upon the character of such grant, says: "In every 
such grant there was an implied reservation of the public right, and so far as it is 
assumed to interfere with it, or to confer the right to impede or obstruct navigation, 
or to make an exclusive appropriation of the use of navigable waters, the grant was 
void." 

Again: "Public grants to individuals under which rights are claimed in impair- 
ment of public interests, are construed strictly against the grantee, for it is reason- 
able to suppose that if they were intended to have this operation, the intention 
would have been expressed in plain and explicit language." 

People V. N. Y. & Staten Island Ferry Co. (68 N. Y., 71). 

I have been unable to find any language in the grant to the Niagara Falls Hydraulic 
Power and Manufacturing Company which can be construed as authorizing them to 
■divert the waters of the Niagara River. Applying the principles in the case last 
cited, it is certain that that grant can afford no defense to an action brought to restrain 
the unlawful taking of the waters. 

It now remains to determine whether or not the waters of the Niagara River have 
been devoted by the legislature to a public use to an extent that will prevent the 
diversion of the water above the falls for power purposes. The objects and purposes 
of the statutes creating the Niagara reservation were to preserve a great natural 
waterfall and its environments for the enjoyment of the people of this State. In 
fact, the statutes themselves declare that the commissioners shall take all proper 
steps to restore and afterwards to preserve the scenery as nearly in its natural state as 
possible. 

The flow of water over the falls is an essential element in the preservation of the 
scenery, and if it can be shown (as I am informed it can) to be the fact that the 
diversion of the large quantities of water through the canal of the Niagara Falls 
Hydraulic Power and Manufacturing Company has a diminishing effect upon the 
flow of the water over the falls, the diversion is a nuisance and can be restrained. 

All of which is respectfully submitted. 

T. E. Hancock, Attorney-General. 

Hon. Andrew H. Green, 

President Niagara Reservation Commission, New York City. 



Appendix B. 



List of dependent industries of the Niagara Falls Hydraulic Power and Manufacturing 

Company. 



Electric light for street and store service. 
Pittsburg Reduction Company. 
Niagara Falls Brewing Company. 
Wm. A. Rogers (Limited.) 
Niagara Gorge Railroad. 
Youngstown and Lewiston Railroad. 
National Electrolytic Company. 
Acker Process Company. 
Walker Manufacturing Company. 



Cliff Paper Company. 

Cataract City Milling Company. 

Pettebone-Cataract Paper Company. 

Oneida Community Company. 

City Waterworks. 

Niagara Falls Milling Company. 

Carter-Crum Company. 

Central Machine Company. 



PRESERVATION OF NIAGARA FALLS. 



17 



Appendix C. 

Tlie Niagara Falls Power Company — List of users. 



Maximum 
power. 



NIAGARA FALLS, N. Y. 

The Pittsburg Reduetion Co 

The Carbonindum Co 

Union Carbide Co 

Niagara Electro-Chemical Co 

Niagara Falls Lighting Co 

International Railway Co 

The Niagara Falls Water Works Co. (hydraulic power) 

International Paper Co. (hydraulic powerl 

Castncr Electrolytic Alkali Co 

( )ldbnry Electro-Chemical Co 

International Acheson Graphite Co 

Acetyvone Manufacturing Co 

Roberts Chemical Co 

Francis Hook and Eye and Fastener Co 

Norton Emerv Wheel Co. 

The Natural Food Co 

Ramapo Iron Works 

By-Products Paper Co 

Composite Board Co 

Niagara Research Laboratories 

Lockport i^aper Co 

Cataract Consumers Brewery 

Development and Funding Co 

Niagara Tachometer and Instrument Co 

Ozone Vanillin Co 

Phosphortis Compounds Co 

Acbfson Siloxicou Articles Co 

Niagara River Manufacturing Co 



Hor 



NIAGARA FALLS, ONTARIO. 



A. C. Douglass, contractor 

Niagara, St. Catharines and Toronto R \vy . . . 

Lighting Co 

Canadian Shredded Wheat Co. (Limited) ... 

International Achcsi m Graphite Co 

Larkin, Sangsterand Marshall, contractors. 

Loretto Convent 

Monastery of Mount Carmel 



TONAWANDA. 



International Railway Co 

Tonawanda Board and Paper Co . 

Butfalo Bolt Co 

Philip Honck Milling Co 

F. .1. Alliger Co , 

Adamite Abrasive Co 

Orient Manufacturing Co 

Fel ton School 



LOCKPORT. 



International Railwav Co . 



International Railwav Co . 



Buffalo General Electric Co 

Great Northern Elevator 

Electric Grain Elevator 

BulValo Elevating Co 

Buffalo Cereal Co 

American Brake Shoe and Foundry Co . 

Charles G. Curtiss Co 

McKinnon Dash Co 

Tlie (lypsuni Products Co 

Tile ( ioiicral Railway Signal Co 

Sch( icll k( <]>i &Co 

Thr National Battery Co 

International Railway Co , 

(ireat Kastcrn Elevator 

Buffa li > I »rv Dock Co 

?:dward El'sworth & Co. (H.O.Mills).... 

Snow Steam Pump Works 

The Jacob Dold Packing Co , 

The .John Kam Malting Co 



Sfpower 

8,000 

5,000 

17,000 

3,000 

1,000 

T[,500 

300 

8,000 

8,500 

2,500 

2,000 

50 

500 

15 

1 , 500 

1,500 

500 

500 

200 

500 

500 

140 

750 

15 

125 

50 

50 

800 



400 

500 

500 

75 

200 

2 

40 

35 



1,500 

1,200 

160 

142 

107 

50 

20 

22 



1,000 



0, 000 
900 
200 
950 
375 
40 
125 
100 



900 
133 
150 
150 
100 
225 



Transmis- 
sion dis- 
tance. 



Miles. 

0.46 
.38 

2.00 
.75 
.14 



.85 

2.18 

.28 

.95 

1.90 

.47 

.95 

.66 

1.70 

.19 

.34 

.28 



3.00 
3.80 
3.40 



15.00 
14.00 
14.00 
15.00 
14.50 
14.00 
14.00 



26.00 



39.00 



27.60 
29.50 
30.70 
29.00 
30.30 
33.20 
25.50 
24.40 



30.00 
26.30 



30.00 
30.00 
30.00 
3.3.30 
32.60 
24.30 



S. Doc. 242, 59-1- 



18 PRESERVATION OF NIAGARA FALLS. 

The Niagara Falls Power- Company— List of «se?'s— Continued. 



BUFFALO— continued. 



Pratt & Letch worth Co 

The Wood & Brooks Co 

Sidney Shepard & Co 

Iron Elevator aiid Transfer Co 

W. W. Oliver Manufacturing Co 

New York Car Wheel Co 

The United States Rubber Reclaiming Works. 

The American Radiator Co. (Bond plant) 

Barcalo Manufacturing Co 

American Agricultural Chemical Co 

Acme Steel and Malleable Iron Works 

Cumpson-Prentiss Cofltee Co 

J.I. Prentiss & Co 

Schoellkopf , Hartford & Hanna Co 

The U.S. Hamc Co 

Knowlton Warehouse Co 

Iroquois Brewing Co 

Faxon, Williams & Faxon (bakery) 

The Sherwood Manufacturing Co 

Duffy Silk Co 

American School Furniture Co.: 

Foundry 



Maximum 
power. 



Transmis- 
sion dis- 



Horsepoiper. Miles. 



Works . 



Buffalo City Waterworks 

Duluth Superior Milling Co 

The Frontier Ice and Stone Co 

The New York Central and Hudson River R. R. (shops) . 

The Erie R. R. Co. (shops) 

The General Chemical Co 

The Oswegatchie Manufacturing Co 

G. F. Zeller & Son.s 

Buffalo Foundry Co 

H. O. Mills Annex 

The Jewett Refrigerator Co 

Buffalo Pitts Co.: 

Works '. 

Foundry 

Buffalo Brake Beam Co 

Buffalo Dental Manufacturing Co 

Keystone Manufacturing Co 

R. L. Ginsburg & Sons 

Buffalo Weaving and Belting Co 

H. W. Dopp Co 

Frontier Iron Wotks 

The Crosby Co 

Spencer Kellogg 

The Lake Erie Engineering Works 

John Schmitz 

The Battle Creek Breakfast Food Co 

The Collins Baking Co 

George Urban Milling Co 

C. Ktirtzmann & Co 

The Buffalo Gasoline Motor Co 

The Niagara Mill and Elevator Co 

Pratt ct Lambert 

The Delaware, Lackawanna and Western R. R. shops . 

The Niagara Cordage Co 

The U. S. Headlight Co 

H. Messersmith ( Laverack Building ) 

The Buffalo Structural Steel Co 

The Wegner Machine Co 

J.N. Adam & Co 

The estate of Walter Cary (Genesee Hotel) 

The McLean Box Factory 

The George N. Pierce Co 

The American Malting Co 

The Buffalo Fertilizer Co 

The Buffalo Rubber Manufacturing Co 

The U. S. Cast Iron Pipe and Foundry Co 

The L. V. R. R. Co. shops 

The Buffalo Box Factory 

American Radiator Co. (Pierce plant) 

Rogers Plating and Foundry Co 

Fleming Warehouse Co 

Hewitt Rubber Co 

C, & B. Transit Co 

The D. H. Stoll Co 

The Ontario Elevator 

L. M. Ericsson Telephone Manufacturing Co 

The Niagara Malting Co 

The Buffalo Union Furnace Co 



100 
100 
165 
15 
200 
995 
200 



125 
50 
30 
30 



240 

255 

30 

187 



30 
20 
25 
33 
65 
10 
15 
50 
500 



50 
450 



20 
100 

10 
150 



40 
100 
30 
40 
100 
100 



24.40 
30.00 
30.00 
24. 70 
24.30 
31.70 
24.00 



32.00 
24.80 
29. 10 
29.00 



35.10 
29.30 
24.80 

35.50 



25.00 
35.50 
24.80 
34.00 
25.50 
26.00 
25. 00 
33.00 
29. 20 



33.20 
34.50 



25.00 
26.00 
24. 50 
34.50 



26.00 
28. 20 
26.00 
29. 00 
28.20 
28.10 



PRESERVATION OF NIAGARA FALLS. 19 

Appendix D. 

Siateimnd concerning companies incorporated to take water from Lake Ene and Niagara 
River, hut which have not as yet constructed works under these charters. 

AMERICAN SIDE. 

Lockport Water Supply Compani/. — Incorporated 1886. New York State. Empow- 
ered to supply water for manufacturing and other purposes to cities within the county 
of Niagara; to take water from the Niagara River between the mouth of Tonawanda 
Creek and the east line of lot No. 52 of the Mile Reserve, and to discharge water into 
Lake Ontario or into Eighteen Mile Creek. Work to be commenced by 1891. No 
work done. 

Lewiston Water Supply Company. — Incorporated 1888. New York State. Empow- 
ered to supply water to Lewiston and other towns in the township of Niagara and 
Lewiston for manufacturing or other purposes; to take water from the Niagara River 
between Cayuga Creek and the east line of lot 46, Mile Reserve; discharge water into 
Niagara River near the town of Lewiston. Work to be commenced by 1893. No 
work done. 

Buffalo and Niagara Poiver and Drainage Company. — Incorporated 1889. New 
York State. Empowered to build and operate public raceway in connection with 
the Niagara River for water power and other purposes; to take water from and dis- 
charge water into the Niagara River at such points as may be convenient. Work to 
be completed by 1894. No work done. 

Niagara Count)/ Irrigation and Wafer Supply Company. — Incorporated 1891. New 
York State. Empowered to build and operate public waterway from Niagara River 
between Cayuga Creek and lot 71 of Mile Reserve; to supply water to Lewiston and 
other villages in townships of Niagara, Lewiston, and Porter; to lease and sell water 
for manufacturing and other purposes; to take water from Niagara River between 
points specified and discharge into Niagara River near Lewiston or Porter. Work 
to be commenced by 1896. This company claims to have done some work and to be 
proceeding with development. 

Niagara P(nrer and Derelopment Company, origmally The Model Tomi Company. — 
Incorporated 1893. New York State. Further legislation 1894. Authorized to 
build a town and equip plants for all public utilities therein. Empowered to take 
water from Lake P>ie or Niagara River for all purposes except for motive power for 
factories. May purchase or lease franchise of the Niagara County Irrigation and 
Water Supply Company. 

Niagara, Lockport and Ontario Poiver Company. — Incorporated 1894. Empowered 
to supply water and electricity to Lockport and other cities in Niagara, Erie, and 
Orleans counties; to take water from the Niagara River between mouth of Tonawanda 
Creek and east line of lot 52 of Mile Reserve and discharge water into Lake Ontario 
or Eighteen Mile Creek. Work to be commenced by 1904. In 1904 failed to obtain 
legislation to perpetuate right to take water from Niagara River. Is now building 
works for distribution of electric energy. 



Appendix E. 

Statement concerning companies incorporated to take water from Lake Erie and Niagara 
Jiiver, hut which have not as yet constructed ivorks binder these cltarters. 

CANADIAN SIDE. 

Ontario I'ower Company, originally Canadian Power Company. — Incorporated 1887. 
Dominion Parliament. Other' legislation 1891, 1893, and 1899. Empowered to build 
a canal and hydraulic tunnel from Welland River, near junction of Niagara, to Niagara 
River south of the whirlpool, and to supply water, electricity, or other power. As 
this company is empowered to make two separate developments, one of which is well 
under way, and as the act of 1899 empowers it to extend and enlarge its works as 
demanded by business, there is apparently no limit as to the time when the second 
develojjment may be commenced. 

Hamilton Cataract Povjer, Light and Traction Company, originally Cataract Poiver 
Company of Hamilton. — Incorporated 1889. Province of Ontario. Further legislation 
1904. Empowered to build and operate a canal and raceway from near Allanburg to 



20 PRESERVATION OF NIAGARA FALL8. 

the Welland River near Port Robinson as an extension of their canal from near 
Decews Falls. This company is said to lease from the Dominion Government water 
from the Lake Erie level of the Welland Canal. 

Jordan LigJit, Heat atid Povwr Company, originally Hamilton avd Lake Erie Poiver 
Company. — incorporated 1895. Further legislation 1898, 1903. Dominion Parliament. 
Empowered to build and operate water course from Welland River between 12 and 
30 miles from Niagara River to a point on Jordan River, and may dredge Welland 
and Jordan rivers; to use the waters of Lake Erie and Niagara River in such quan- 
tity as may be necessary for their purposes; to supply water and electricity or other 
power. To be completed by 1911. 

Erie and Ontario Poicer Company. — Incorporated 1903. Dominion Parliament. 
Authorized to build and operate water course from Grand River or Lake Erie to Jor- 
dan River and Lake Ontario; to take waters of Lake Erie and to dredge Jordan 
River; to supply electric or other power* and convey the same. To be completed 
1908. 

Niagara Welland Power Company, originally Welland Power and Supply Company. — 
Incorporated 1894. Further legislation 1891, 1899, 1903, and 1905. Dominion Par- 
liament. Empowered to build and operate canal from Welland River near Niagara 
River to near Thorold and to carry off surplus water to Lake Ontario; to supply 
power and to use canal for navigation. To be completed by 1910. 

North Atnerican Canal Company. — Incorporated 1893. Dominion Parliament. 
Authorized to build and operate canal from Lake Erie near Port Colborne to Lake 
Ontario near Port Dalhousie, or to Niagara River near Queenston; canal to be 20 feet 
deep and sufficient width for two of the largest vessels to pass at full speed. Author- 
ized to maintain a current of 3 miles per hour. To sell or lease water and hydraulic 
or other power. Mav dredge in the Welland and Niagara rivers. To be completed 
bv 1903. 



Department of State, 

^V<ls:h;ngton. March 19, 1900. 
The President: 

In reply to jour letter of the 15th instant, transmitting the resolu- 
tion of the C'olonial Dames of America relative to the preservation of 
Niagara Falls, and stating 3'our desire to be informed regarding the 
present status of the negotiations with Great Britain on the subject, 
I have the honor to inclose lierewith copies of correspondence had to 
the present time, through the War Department, with the American 
section of the International Waterways Commission. 

Respectfully su])mitted, 

Elihu Root. 



Department of 8t\te, 
Washi/tf/fo)), Fehrnary 13., 1906. 

Sir: Several months ago the State Department and the British 
ambassador took up the subject of a possible treaty between the United 
States and Great Britain relating to the use of the waters of the 
Niagara Kiver and the preservation of the falls. 

On the 13th of November the amltassador transmitted to the Depart- 
ment a report of the Canadian privy council, approved November 
i2, 1905. which stated that a report from the Canadian section of the 
Water Ways Commission stated that the Conmiission was studying 
the subject and expected to be al)le to "'make a joint report to the 
Government of the United States and to the government of Canada 
before long, reconmiending the adoption of rules and regulations which 
would prevent in the future the destruction of Niagara Falls l)y the 
use of its watei's by manufacturers." 

In the report by the American section, made to the Secretary of War 
on December 1, 1905, occurs the following statement: 

"The Commission has made good progress in the collection of data l)earing nf)on 
some of these questions, particularly those relating to the use of water at Niagara 
Halls." 

On the 28th of October. 1905, the Conmiission appears to have 
adopted the following resolutions: 

Resolved, That this Commission recommends to the Governments of the United 
States and Canada that such steps as they may regard as necessary be taken to pre- 
vent any corporate rights or franchises Iteing granted or renewed by either Federal, 
State, or provincial authority for the use of the waters of the Niagara River for power 
or other purposes until this Commission is able to collect the information necessary 
to enable it to report fully upon the "conditions and uses" of those waters to the 
respective Governments of the United States and Canada. 

The negotiation relating to a treaty on this subject has been sus- 
pended awaiting the further report of the Commission, in accordance 
with the statements to which 1 have referred. There are many indi- 
cations of active public interest in this sul)ject, and a joint resolution 
having in view the preservation of the falls, pending in the House of 
Representatives, has been favorably reported by the Committee on 
Rivers and Harbors. The indications are that if an agreement can be 
reached between the two countries as to the action necessary to accom- 

21 



22 PRESERVATION OF NIAGARA FALLS. 

plish the purpose, any legislation to give the agreement effect on the 
part of the American authorities would receive favorable consideration 
at the present session of Congress and at the present session of the 
New York legislature. 

]t seems desirable, therefore, to press forward the negotiation for 
such an agreement without any avoidable dela}'. May I ask you to 
ascertain whether the joint commission is not now prepared to make 
such a report upon the subject as may furnish a basis upon which the 
State Department and the ambassador ma}' take up and proceed with 
the negotiation? 

I have the honor to be, sir, 3'Our obedient servant, 

Elihu Root. 

The Secretary of War. 



War Department, 

WasJi/ngton^ February 19^ 1906. 

Sir: I have the honor to acknowledge the receipt of your letter of 
13th instant, in which you call attention to the fact that negotiations 
for a possible treaty between Great Britain and the United States in 
regard to the use of waters of Niagara River and preservation of the 
falls are now suspended, awaiting a further report from the Interna- 
tional Waterways Commission is now prepared to make such report 
as may furnish a basis upon which the Department of State and the 
British ambassador may be able to proceed with the matter. 

Replying thereto I beg to inform you that the chairman of the 
American section of the International Waterwa3^s Commission, Col. 
O. H. Ernst, to whom your letter was referred, reports under date of 
17th instant as follows: 

A copy of this letter has been sent to the chairman of the Canadian section and 
also to the other members of the American section of the International Waterways 
Commission in order that they may be prepared to discuss and act upon the question 
referred to at their next meeting. 

It is exjjected that a meeting can be held during the week beginning February 26, 
when it is hoped and believed that the map of the locality which the Commission 
has had under construction will be entirely completed. 

The outcome of the meeting referred to b}" Colonel Ernst will be 
promptly communicated to the Department of State. 
Very respectfully. 



The Secretary of State, 



Robert Shaw Oliver, 

Aetlng Secretary of War. 



Department of State. 

Wai^hington, March 13, 1906. 
My Dear Mr. Secretary: I notice in the newspapers that the 
International Waterways Commission has taken some action about the 
Niagara Falls matter. 

Have you received any report? If not, can j^ou get one from them? 
Very trul}-, yours, 

Elihu Root, 
Hon. William H. Taft, 

Secretary of War. 

o 



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